If you are located in the United States, you are agreeing to the Snap Inc. Custom Creative Tools Terms found here.

If you are located outside the United States, you are agreeing to the Snap Group Limited Custom Creative Tools Terms found here.

Snap Inc. Custom Creative Tools Terms

(If you are located in the United States)

Effective: May 10, 2018

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Introduction

Please read these Snap Inc. Custom Creative Tools Terms (“Terms”) carefully. These Terms form a legally binding contract between you (or your organization) and Snap Inc. (“Snap”), and govern your order for Snap to run a lens or filter (each, a “Creative Tool”). The products and services described in these terms are “Services” as defined in the Snap Inc. Terms of Service. If you are located in the United States when you submit an order for Snap to run a Creative Tool, or if you are using the Services on behalf of a business with its principal place of business located in the United States, these Terms govern your order. If you are located outside the United States when you submit an order for Snap to run a Creative Tool or are using the Services on behalf of a business with its principal place of business located outside the United States, the Snap Group Limited Custom Creative Tools Terms apply.

1. The Basics

When you submit your order for Snap to run a Creative Tool, you’re asking Snap to let Snapchat users put the Creative Tool on their Snaps. You’ll design the proposed Creative Tool and submit it as an image file for our review. Snap may allow you to edit or replace the image file after submission (the initial image file, and any edits or replacements, are collectively called the “Asset”). We will notify you of any additional charges before you submit your revised or replacement Asset. The version of these Terms posted on the website when you submit an Asset will apply to that submission. You grant Snap and our affiliates a license to use and copy the Asset to distribute the Creative Tool and for other purposes, as described in these Terms. And you may be asked whether you’re buying a personal or business Creative Tool.

These Terms spell out all these steps and include other important provisions, including details about payment, refunds, and cancellations. To submit your order for Snap to run a Creative Tool, you must first accept these Terms, which will be presented to you during the submission process.

You affirm that you are at least 18 years old (or the age of majority where you are located when submitting your order) and are competent and authorized to agree to and abide by these Terms. If you want to submit an order for Snap to run a Creative Tool and are under the age of majority, you must have your parent’s express permission.

If you are using the Services on behalf of a business, you affirm that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business. You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business, as applicable.

As part of the purchase process, you’ll be asked to submit the Asset for our review. You acknowledge and agree that Snap will determine, in our sole discretion, whether the Asset will be made available as a Creative Tool.

2. Your License to Us

You grant Snap and its affiliates a non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, royalty-free, worldwide license to archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use the Asset on or in connection with the Services and the advertising, marketing, and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed. This license includes the right for Snap and its affiliates to make the Asset available to Snapchat users, for sharing among Snapchat users, and for saving to their devices. The license to make the Asset available to Snapchat users as a Creative Tool within the Services extends 90 days following the date when the Creative Tool run time on the Services ends, in order to allow us to deliver unopened Snaps that include the Creative Tool. The license extends perpetually for the limited purposes of advertising, marketing, and promoting the Services, and for Personal Custom Creative Tools, for Memories on Snapchat.

You acknowledge and agree that Snapchat users may be able to save, share, and view Snaps incorporating the Creative Tool during and beyond the Creative Tool’s run time. You acknowledge that Snapchat users may use the Asset for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which neither Snap nor its affiliates bear any responsibility. You agree that neither Snap nor its affiliates are liable for any claims or losses based on or arising from any user-generated content, including user-generated content that makes use of the Asset, whether within the Services or beyond.

If you incorporate your or any third party’s name, logo, trademark, likeness, image, visual work, music, sound effect, or other materials (collectively, “Additional Elements”) into the Asset, you agree that this license includes all Additional Elements.

You acknowledge and agree that Snap and its affiliates own all rights in the Creative Tool products and in any additional tools we may make available to you to create your Asset (such as templates or Bitmojis).

You agree that neither Snap nor its affiliates are under any obligation to pay you or any third party any consideration or compensation for the Asset or any use of the Asset. To the extent permissible under law, you irrevocably waive—or agree not to assert against Snap and its affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Asset throughout the world. You agree that Snap may in our discretion resize, set the transparency of, and make other alterations to the Asset.

If Snap makes the Asset available on the Services, you acknowledge and agree that Snap has the right (but no obligation) to publicly attribute the Asset to you, including by posting your name and city, state, and country, as submitted by you or as tied to your Snapchat account.

Snap may provide you the option to age-target the Creative Tool. This means we may make the Creative Tool available only to those Snapchat users who we reasonably believe fall within the age range you select in the purchase tool. You acknowledge and agree that Snapchat users who apply age-targeted Creative Tools to their Snaps will be able to send those Snaps to other Snapchat users without age restriction. If the content of the Creative Tool requires age-targeting by law, rule, regulation, or industry standards in the region where the Creative Tool will run, you are responsible for selecting the correct age in the purchase tool, and we will not be liable if you fail to do so. If a required age-targeting option is not available, do not submit your order.

4. Orders, Pricing, and Availability

a. Orders. We’ll indicate in the purchase tool the first date when the Creative Tool could start to run.

We may offer you the option to have the Creative Tool run on an automatically renewing basis, with recurring billing as indicated in the purchase tool. If you select this option, the Creative Tool may run until cancelled or you decline to renew the Creative Tool.

b. Pricing. We price Creative Tools in our discretion based on a number of factors, including how long and over how large an area you want the Creative Tool to run. You can see the price adjust as you manipulate the size, location, and run time for the Creative Tool in the purchase tool. We may also offer an option that lets you more generally select a location and time to run a Creative Tool, leaving it to us to define the geographic area, duration, and price. We may change, suspend, or end any service, or modify prices prospectively, in our discretion. You’ll always see the final purchase price before you click to submit your order and enter into a contract with us. For automatically renewing Creative Tool purchases, we will notify you in advance of any price changes that will take effect at the beginning of the next renewal period. To the extent permitted by local law, you are deemed to accept the then-current price if you do not cancel the renewal in accordance with the cancellation policy then in effect. If you do not wish to accept the renewal or the price change, you may cancel prior to the renewal going into effect. Please be sure to carefully read any notifications we send regarding changes to price, these Terms, and any other offers.

c. Availability. Snap does not guarantee Creative Tool availability over all areas. Keep in mind that we may, and likely will, run multiple Creative Tools over any one location. We reserve the right in our discretion to block certain areas without notice. Please refer to Section 8 for information relating to refunds and cancellations.

5. Our Review of the Proposed Creative Tool

When you submit your order, that doesn’t mean the Creative Tool will be made available on the Services. Snap may reject a proposed Creative Tool if it violates the Asset Content Restrictions in Section 3, or for any other reason in our discretion. Refunds for rejected orders are described in Section 8.

6. Your Purchase and Payment

a. Payment Methods. Snap accepts a variety of payment methods, as reflected in the purchase tool. Before you can submit your order for Snap to run a Creative Tool, you may be required to provide a valid payment card number and associated information for a payment card that you are authorized to use, including any or all of the following: (i) your name as it appears on the card; (ii) the credit or debit card type; (iii) the card’s expiration date; (iv) any activation numbers or codes needed to charge your card; and (v) the billing address or zip code or postal code associated with the card. You authorize Snap and our payment processor, or your in-app purchasing provider, as applicable, to use information you submit to charge your card or other payment method for the price of the Creative Tool you submitted, in addition to any taxes, fees, and charges as described in these Terms at our convenience, including as early as at the time the order is submitted. In the event the charge does not go through, you may be able to re-submit a payment method before the Creative Tool is scheduled to run.

For automatically renewing Creative Tools, we’ll charge your payment method before the renewal time unless the Creative Tool is cancelled or you decline to renew the Creative Tool.

Your payment will be processed before the Creative Tool runs. If you are paying by payment card, we or our third-party payment processor may run one or more payment card authorization checks on your card before then. You authorize us or our third-party payment processor to store your payment card information and, if needed, to continue billing your card until the Creative Tool run time has expired to avoid interruptions in running the Creative Tool.

If Snap does not receive payment from your payment card or other payment method issuer or their agent, you remain obligated and agree to pay all amounts due upon request from Snap or our agents.

b. Account Codes/Credits. Snap may on occasion provide a code, credit, coupon, or other form of discount in an amount and on terms and restrictions as provided by us.

c. Cost, Fees, and Taxes. Please confirm that all details of your submission are correct before submitting your order. When you submit your order, you agree to pay the cost of the Creative Tool, plus applicable taxes, fees, and charges, and, in the case of automatically renewing Creative Tools, the then-current price at the time of renewal (unless the Creative Tool is cancelled or you decline to renew the Creative Tool). If United States sales and use taxes are owed but not included in the total amount you agree to pay, Snap or your in-app purchasing provider, as applicable, will pay those sales or use taxes and remit them to the appropriate taxing authority. Failure to pay the cost stated may result in termination or suspension of the Creative Tool. We do not provide price protection or refunds in the event of a price drop or promotional offering.

You agree to pay all fees and charges incurred in connection with your submission, at the rates in effect when the fees and charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees.

d. Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and your in-app purchasing provider’s terms govern your use of in-app purchasing tools. You must refer to your agreements with those third parties, and not these Terms, to determine the rights and liabilities as between you and those third parties.

YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD PARTY.

Except for an in-app submission, unless you notify us of any discrepancies within 60 days after they first appear on your payment card or other payment statement, you agree that they will be deemed accepted by you.

7. Communications from Us

When you submit your order for Snap to run a Creative Tool, we’ll send you an electronic notification using the contact information submitted by you, or tied to your Snapchat account, as applicable. That confirmation does not mean we’ve accepted your submission. We reserve the right to accept or decline your request for any reason and at any time, including after the Creative Tool has started to run. We may require additional verifications or information before accepting any order.

We may send you other electronic notifications about the Creative Tool order, including about status, payment processing, refunds, price changes for automatically renewing Creative Tools, and any changes, updates, or cancellations to your order. We may also send electronic notifications about the Creative Tool products or our other products or services. By submitting an order for Snap to run a Creative Tool, you consent to receive from Snap and its affiliates the electronic communications described in these Terms.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Cancellations and Refunds

a. Our Right to Cancel. Snap reserves the right to reject or cancel the Creative Tool at any time, including after the Creative Tool has started to run, because we’ve blocked a certain area (see Section 4), because you or the Creative Tool violate our terms or guidelines (see Sections 3 and 5), because payment is not completed, or for any other reason in our discretion. Moreover, while we do our best to describe our products as accurately as possible, we do not warrant that specifications or pricing are complete, accurate, current, or error-free. In the event of any pricing or specification error, we have the right to refuse or cancel your order in our sole discretion. If we cancel your order for an automatically renewing Creative Tool, you will not be charged for that Creative Tool after the date of cancellation. Refunds for cancellations are addressed below.

b. Your Right to Cancel. You may cancel the Creative Tool any time after you submit your order. Contact create-support@snap.com, or use any “cancel” functionality made available by Snap, to cancel or decline to renew the Creative Tool. If you cancel the Creative Tool, you may be eligible for a full or partial refund, as described in these Terms.

(ii) Other Submissions: If you or we cancel the Creative Tool before it runs on the Services, you’ll receive a full refund of payments you already made for that Creative Tool. Other than for automatically renewing Creative Tools, if you or we cancel the Creative Tool while it’s running, we may provide a partial refund so that you’ll only pay for the time the Creative Tool ran. Refunds for cancellations of automatically renewing Creative Tool are governed by the additional terms you agreed to at the time of submission. For all refunds by Snap to payment cards, please allow 3-5 business days for the funds to appear in your account.

You agree that, if we cancel all or a portion of your order, your sole and exclusive remedy is either: (1) we’ll issue a credit to the payment method used for that order in an amount equal to the cancelled portion of the order; or (2) we won’t charge you for the cancelled portion of the order. As stated above, you’ll be responsible for, and your payment method may be charged for, all fees associated with orders already processed before your cancellation was received.

d. Survival of Terms. The Introduction and Sections 2, 6-8, 12-13, and 15-18 of these Terms will survive the termination of these Terms and the expiration of the licenses granted in these Terms.

9. Delivery of the Creative Tool

If we accept your order we will make the Creative Tool available as requested by you in your submission, unless we cannot do so for reasons outside of our control or for other reasons as described in these Terms. We do not guarantee perfect delivery, and we do not guarantee that any Snapchat users will choose to use the Creative Tool.

After you submit the Asset, Snap may provide you a scannable code (“Snapcode”). Your use of that Snapcode must be in compliance with the Snapchat Brand Guidelines and Snapcode Usage Guidelines. Snapchat users may be given the option to access the Creative Tool by scanning the Snapcode or through other means provided by Snap (each, an “Unlock”). Any Snapchat user may Unlock the Creative Tool. Snap reserves the right to deactivate the Unlock and redirect the Unlock, each at Snap’s sole discretion.

10. Business Creative Tools and Advertising

Before you submit the Asset, Snap may ask you whether the Creative Tool is personal or for a business. Click “business” (a) if you’re submitting the Asset on behalf of a business; (b) if the Asset includes any branding, logos, or business marks or names; or (c) if the Asset promotes a business or brand. We refer to Creative Tools that include these types of Assets as “Business Custom Creative Tools.” We refer to other Creative Tools as “Personal Custom Creative Tools.” You agree that you will not use any branding, logos, or business marks or names, or promote a business or brand, in any Personal Custom Creative Tool. When submitting an Asset for a Business Custom Creative Tool, you agree to include the accurate business name.

We may in our sole discretion apply a label or disclosure to notify Snapchat users that the Creative Tool is a purchased product. For example, the word “sponsored” or a similar word or phrase may appear on the Creative Tool when users first see it. That’s one reason it’s very important that you click “business” if the Creative Tool in fact promotes a business or brand. We may in our sole discretion include in that label or disclosure the name you provided in the purchase tool. You, not we, are responsible for including any legally required advertising disclosure in the Creative Tool.

Snap or its affiliates may, without compensation to you or others, serve or otherwise place ads near the Creative Tools. For example, Snapchat users swiping to see Snapchat’s creative tool offerings may see a branded or sponsored Creative Tool before or after the Creative Tool you’ve submitted, or a Snapchat user may apply the Creative Tool to their content and that content may include or be followed or preceded by an ad or other branded or sponsored content within the Services.

11. Promotions

If you use the Creative Tool or any part of the Services as part of a sweepstakes, contest, offer, or other promotion (each, a “Promotion”), you are solely responsible for complying with all laws wherever your Promotion is offered, as well as with our Promotions Rules. Unless we expressly agree otherwise in writing, Snap will not be a sponsor or an administrator of your Promotion.

12. Your Representations and Warranties

In addition to your representations and warranties under the Snap Inc. Terms of Service, you represent and warrant that (a) you have all rights and any necessary consents to license the Asset and any Additional Elements incorporated into the Asset, and to grant any waivers in connection with the Asset and any Additional Elements incorporated into the Asset, to Snap and its affiliates; (b) the Asset does not violate these Terms or our Community Guidelines, Advertising Policies, or Custom Creative Tools Submission Guidelines; (c) the Asset does not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright, trademark, privacy, or publicity rights, or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Asset to any other person or entity; (e) the Asset complies with all laws, rules, and regulations and is suitable for audiences ages 13 and up (or the ages you’ve age-targeted via the purchase tool, if applicable); (f) the Asset does not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party; (g) any and all information you have provided to Snap in connection with the Asset and your submission is accurate and correct; and (h) you will not use any payment card or other form of payment to submit an order for Snap to run a Creative Tool unless you have all necessary legal authorization to do so. In the event Snap approves and uses the Asset, such approval and use will not diminish or waive your representations and warranties contained in these Terms.

You further represent and warrant that (a) neither you, nor, if you are a business, any affiliated company, are included on any of the restricted party lists maintained by the U.S. Government -- including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by the U.S. Department of Treasury’s Office of Foreign Asset Control (“OFAC”) and the Denied Parties List, Unverified List, and Entity List maintained by the U.S. Department of Commerce’s Bureau of Industry and Security -- or by any government authority in the countries where you operate; (b) if you are a business, you are not owned or controlled by such a restricted party; and (c) you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by OFAC or other applicable sanctions.

If you are using the Services on behalf of a business, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Terms and agree on behalf of the business to be bound by these Terms.

13. Your Indemnification to Us

In addition to your indemnification obligations under the Snap Inc. Terms of Service, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, its affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) Snap’s use and any third party’s use of the Asset, including the Additional Elements, if any, in connection with the Services; (b) your use of the Services and your activities in connection with the Services; (c) your violation or alleged violation of any laws, rules, and regulations in connection with your use of the Services or your activities in connection with the Services; (d) any claim that the Asset infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) your use of products or services provided by a third party in connection with the Services, even if recommended or approved by Snap; (f) any fraud or misrepresentation by you; or (g) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, and obligations.

14. No Agency Relationship

Nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and us or our affiliates.

15. Governing Law and Disputes Between You and Snap

ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, YOU AND SNAP AGREE THAT CLAIMS AND DISPUTES, INCLUDING STATUTORY CLAIMS AND DISPUTES, ARISING BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION PURSUANT TO THE ARBITRATION PROCEDURES SET FORTH IN THE ARBITRATION PROVISION OF THE SNAP INC. TERMS OF SERVICE, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you have submitted an order for Snap to run a Personal Custom Creative Tool, the Arbitration provision of the Snap Inc. Terms of Service will apply. If you have submitted an order for Snap to run a Business Custom Creative Tool, the Arbitration provision of the Snap Inc. Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules.

16. Changes to These Terms

From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any order after that time. By submitting an order for Snap to run a Creative Tool or by renewing an order for Snap to run a Creative Tool after these Terms have been updated, you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t submit an order for Snap to run a Creative Tool.

17. Final Terms

These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). As used in these Terms, “including” means “including without limitation.” Snap may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Snap. These Terms were written in English and to the extent the translated version of these Terms conflicts with the English version, the English version will control.

18. Contact Us

Snap welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://support.snapchat.com/en-US/ca/create. You can also reach out to us with any complaints or feedback at the following points of contact:

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

Snap Group Limited Custom Creative Tools Terms

(If you are located outside the United States)

Effective: May XX, 2018

Arbitration Notice: If you’re using the services on behalf of a business, then your business will be bound by the Arbitration provision that appears later in these Terms.

Introduction

Please read these Snap Group Limited Custom Creative Tools Terms (“Terms”) carefully. These Terms form a legally binding contract between you (or your organization) and Snap Group Limited (“Snap”), and govern your order for Snap to run a lens or filter (each, a “Creative Tool”). The products and services described in these terms are “Services” as defined in the Snap Group Limited Terms of Service. If you are located outside the United States when you submit an order for Snap to run a Creative Tool, or if you are using the Services on behalf of a business with its principal place of business located outside the United States, these Terms govern your order. If you are located in the United States when you submit an order for Snap to run a Creative Tool or are using the Services on behalf of a business with its principal place of business located in the United States, the Snap Inc. Custom Creative Tools Terms apply.

Additional terms specific to the country in which you are located when you submit an order to buy a Creative Tool, or if you are using the Services on behalf of a business, the country in which the business's principal place of business is located, may apply; please see the end of these Terms for country-specific terms that may apply.

1. The Basics

When you submit your order for Snap to run a Creative Tool, you’re asking Snap to let Snapchat users put the Creative Tool on their Snaps. You’ll design the proposed Creative Tool and submit it as an image file for our review. Snap may allow you to edit or replace the image file after submission (the initial image file, and any edits or replacements, are collectively called the “Asset”). We will notify you of any additional charges before you submit your revised or replacement Asset. The version of these Terms posted on the website when you submit an Asset will apply to that submission. You grant Snap and our affiliates a license to use and copy the Asset to distribute the Creative Tool and for other purposes, as described in these Terms. And you may be asked whether you’re buying a personal or business Creative Tool.

These Terms spell out all these steps and include other important provisions, including details about payment, refunds, and cancellations. To submit your order for Snap to run a Creative Tool, you must first accept these Terms, which will be presented to you during the submission process.

You affirm that you are at least 18 years old (or the age of majority where you are located when submitting your order) and are competent and authorized to agree to and abide by these Terms. If you want to submit an order for Snap to run a Creative Tool and are under the age of majority, you must have your parent’s express permission.

If you are using the Services on behalf of a business, you affirm that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business. You agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the business, as applicable.

As part of the purchase process, you’ll be asked to submit the Asset for our review. You acknowledge and agree that Snap will determine, in our sole discretion, whether the Asset will be made available as a Creative Tool.

2. Your License to Us

You grant Snap, Snap Inc., and their affiliates a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to communicate to the public, archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use the Asset on or in connection with the Services and the advertising, marketing, and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed. This license includes the right for Snap, Snap Inc., and their affiliates to make the Asset available to Snapchat users, for sharing among Snapchat users, and for saving to their devices. The license to make the Asset available to Snapchat users as a Creative Tool within the Services extends 90 days following the date when the Creative Tool run time on the Services ends, in order to allow us to deliver unopened Snaps that include the Creative Tool. For Personal Custom Creative Tools, this license extends so long as the Creative Tool is available in Memories. The license continues for the limited purposes of advertising, marketing, and promoting the Services.

You acknowledge and agree that Snapchat users may be able to save, share, and view Snaps incorporating the Creative Tool during and beyond the Creative Tool’s run time. You acknowledge that Snapchat users may use the Asset for purposes or in ways other than you anticipated. You agree that such uses constitute user-generated content for which neither Snap, Snap Inc., nor their affiliates bear any responsibility. You agree that neither Snap, Snap Inc., nor their affiliates are liable for any claims or losses based on or arising from any user-generated content, including user-generated content that makes use of the Asset, whether within the Services or beyond.

If you incorporate your or any third party’s name, logo, trademark, likeness, image, visual work, music, sound effect, or other materials (collectively, “Additional Elements”) into the Asset, you agree that this license includes all Additional Elements.

You acknowledge and agree that Snap, Snap Inc., and their affiliates own all rights in the Creative Tool products and in any additional tools we may make available to you to create your Asset (such as templates or Bitmojis).

You agree that neither Snap, Snap Inc., nor their affiliates are under any obligation to pay you or any third party any consideration or compensation for the Asset or any use of the Asset. To the extent permissible under law, you irrevocably waive—or agree not to assert against Snap, Snap Inc., and their affiliates to the extent a waiver is not permitted—any moral rights or equivalent rights you may have in the Asset throughout the world. You agree that Snap may in our discretion resize, set the transparency of, and make other alterations to the Asset.

If Snap makes the Asset available on the Services, you acknowledge and agree that Snap has the right (but no obligation) to publicly attribute the Asset to you, including by posting your name and city, state, and country, as submitted by you or as tied to your Snapchat account.

Snap may provide you the option to age-target the Creative Tool. This means we may make the Creative Tool available only to those Snapchat users who we reasonably believe fall within the age range you select in the purchase tool. You acknowledge and agree that Snapchat users who apply age-targeted Creative Tools to their Snaps will be able to send those Snaps to other Snapchat users without age restriction. If the content of the Creative Tool requires age-targeting by law, rule, regulation, or industry standards in the region where the Creative Tool will run, you are responsible for selecting the correct age in the purchase tool, and we will not be liable if you fail to do so. If a required age-targeting option is not available, do not submit your order.

4. Orders, Pricing, and Availability

a. Orders. We’ll indicate in the purchase tool the first date when the Creative Tool could start to run.

We may offer you the option to have the Creative Tool run on an automatically renewing basis, with recurring billing as indicated in the purchase tool. If you select this option, the Creative Tool may run until cancelled or you decline to renew the Creative Tool.

b. Pricing. We price Creative Tools in our discretion based on a number of factors, including how long and over how large an area you want the Creative Tool to run. You can see the price adjust as you manipulate the size, location, and run time for the Creative Tool in the purchase tool. We may also offer an option that lets you more generally select a location and time to run a Creative Tool, leaving it to us to define the geographic area, duration, and price. We may change, suspend, or end any service, or modify prices prospectively, in our discretion. You’ll always see the final purchase price before you click to submit your order and enter into a contract with us. For automatically renewing Creative Tool purchases, we will notify you in advance of any price changes that will take effect at the beginning of the next renewal period. To the extent permitted by local law, you are deemed to accept the then-current price if you do not cancel the renewal in accordance with the cancellation policy then in effect. If you do not wish to accept the renewal or the price change, you may cancel prior to the renewal going into effect. Please be sure to carefully read any notifications we send regarding changes to price, these Terms, and any other offers.

c. Availability. Snap does not guarantee Creative Tool availability over all areas. Keep in mind that we may, and likely will, run multiple Creative Tools over any one location. We reserve the right in our discretion to block certain areas without notice. Please refer to Section 8 for information relating to refunds and cancellations.

5. Our Review of the Proposed Creative Tool

When you submit your order, that doesn’t mean the Creative Tool will be made available on the Services. Snap may reject a proposed Creative Tool if it violates the Asset Content Restrictions in Section 3, or for any other reason in our discretion. Refunds for rejected orders are described in Section 8.

6. Your Purchase and Payment

a. Payment Methods. Snap accepts a variety of payment methods, as reflected in the purchase tool. Before you can submit your order for Snap to run a Creative Tool, you may be required to provide a valid payment card number and associated information for a payment card that you are authorized to use, including any or all of the following: (i) your name as it appears on the card; (ii) the credit or debit card type; (iii) the card’s expiration date; (iv) any activation numbers or codes needed to charge your card; and (v) the billing address or zip code or postal code associated with the card. You authorize Snap and our payment processor, or your in-app purchasing provider, as applicable, to use information you submit to charge your card or other payment method for the price of the Creative Tool you submitted, in addition to any taxes, fees, and charges as described in these Terms at our convenience, including as early as at the time the order is submitted. In the event the charge does not go through, you may be able to re-submit a payment method before the Creative Tool is scheduled to run.

For automatically renewing Creative Tools, we’ll charge your payment method before the renewal time unless the Creative Tool is cancelled or you decline to renew the Creative Tool.

Your payment will be processed before the Creative Tool runs. If you are paying by payment card, we or our third-party payment processor may run one or more payment card authorization checks on your card before then. You authorize us or our third-party payment processor to store your payment card information and, if needed, to continue billing your card until the Creative Tool run time has expired to avoid interruptions in running the Creative Tool.

If Snap does not receive payment from your payment card or other payment method issuer or their agent, you remain obligated and agree to pay all amounts due upon request from Snap or our agents.

b. Account Codes/Credits. Snap may on occasion provide a code, credit, coupon, or other form of discount in an amount and on terms and restrictions as provided by us.

c. Cost, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. When you submit your order, you agree to pay the cost of the Creative Tool (and, in the case of automatically renewing Creative Tools, the then-current price at the time of renewal unless the Creative Tool is cancelled or you decline to renew), plus any taxes, fees, and charges applicable to that order at the rates in effect when incurred, free of any withholding or deduction for taxes (“Charges”). Failure to pay the cost stated may result in termination or suspension of the Creative Tool. We do not provide price protection or refunds in the event of a price drop or promotional offering.

If your Personal Custom Creative Tool order is subject to taxes (including value-added or goods and services taxes), Snap or your in-app purchasing provider, as applicable, will remit those taxes to the appropriate taxing authority.

If your Business Custom Creative Tool order is subject to taxes (including value-added or goods and services taxes) and you are required by applicable law to remit and report those taxes, you agree to remit and report such taxes to the appropriate taxing authority. If you are required to withhold or deduct any taxes, you will pay to Snap or your in-app purchasing provider, as applicable, any additional amount necessary so that Snap or your in-app purchasing provider, as applicable, receives a net amount equal to the Charges. You will also provide Snap an official tax receipt or other appropriate documentation supporting the withholding.

Please see Section 19 for tax information specific to your country.

d. Other Payment Terms. Your payment card issuer agreement governs your use of your designated card, and your in-app purchasing provider’s terms govern your use of in-app purchasing tools. You must refer to your agreements with those third parties, and not these Terms, to determine the rights and liabilities as between you and those third parties. If you have any payment-related issues with in-app submissions, please contact your in-app purchasing provider directly. If you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees.

You are responsible for paying any unauthorized amounts billed to your payment method by a third party.

Except for an in-app submission, unless you notify us of any discrepancies within 60 days after they first appear on your payment card or other payment statement, you agree that they will be deemed accepted by you.

7. Communications from Us

When you submit your order for Snap to run a Creative Tool, we’ll send you an electronic notification using the contact information submitted by you, or tied to your Snapchat account, as applicable. That confirmation does not mean we’ve accepted your submission. We may require additional verifications or information before accepting any order.

We may send you other electronic notifications about the Creative Tool order, including about status, payment processing, refunds, price changes for automatically renewing Creative Tools, and any changes, updates, or cancellations to your order. To the extent permitted by law, we may also send electronic notifications about the Creative Tool products or our other products or services.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Cancellations and Refunds

a. Our Right to Cancel. Snap reserves the right to reject or cancel the Creative Tool at any time, including after the Creative Tool has started to run, because we’ve blocked a certain area (see Section 4), because you or the Creative Tool violate our terms or guidelines or the law (see Sections 3 and 5), or because payment is not completed. Moreover, while we do our best to describe our products as accurately as possible, we do not warrant that specifications or pricing are complete, accurate, current, or error-free. In the event of any pricing or specification error, we have the right to refuse or cancel your order in our sole discretion, subject to your right to a refund if applicable under Section 8(c) below. If we cancel your order for an automatically renewing Creative Tool, you will not be charged for that Creative Tool after the date of cancellation. Refunds for cancellations are addressed below.

b. Your Right to Cancel. You may cancel the Creative Tool any time after you submit your order. Contact create-support@snap.com, or use any “cancel” functionality made available by Snap, to cancel or decline to renew the Creative Tool. If you cancel the Creative Tool, you may be eligible for a full or partial refund, as described in these Terms.

(ii) Other Submissions: If you or we cancel the Creative Tool before it runs on the Services, you’ll receive a full refund of payments you already made for that Creative Tool. Other than for automatically renewing Creative Tools, if you or we cancel the Creative Tool while it’s running, we may provide a partial refund so that you’ll only pay for the time the Creative Tool ran. Refunds for cancellations of automatically renewing Creative Tool are governed by the additional terms you agreed to at the time of submission. For all refunds by Snap to payment cards, please allow 3-5 business days for the funds to appear in your account.

You agree that, if we cancel all or a portion of your order, you will be entitled to the following remedy, either: (1) we’ll issue a credit to the payment method used for that order in an amount equal to the cancelled portion of the order; or (2) we won’t charge you for the cancelled portion of the order. As stated above, you’ll be responsible for, and your payment method may be charged for, all fees associated with orders already processed before your cancellation was received.

d. Survival of Terms. The Introduction and Sections 2, 6-8, 12-13, and 15-19 of these Terms will survive the termination of these Terms and the expiration of the licenses granted in these Terms.

9. Delivery of the Creative Tool

If we accept your order we will make the Creative Tool available as requested by you in your submission, unless we cannot do so for reasons outside of our control or for other reasons as described in these Terms. We do not guarantee perfect delivery, and we do not guarantee that any Snapchat users will choose to use the Creative Tool.

After you submit the Asset, Snap may provide you a scannable code (“Snapcode”). Your use of that Snapcode must be in compliance with the Snapchat Brand Guidelines and Snapcode Usage Guidelines. Snapchat users may be given the option to access the Creative Tool by scanning the Snapcode or through other means provided by Snap (each, an “Unlock”). Any Snapchat user may Unlock the Creative Tool. Snap reserves the right to deactivate the Unlock and redirect the Unlock, each at Snap’s sole discretion.

10. Business Creative Tools and Advertising

Before you submit the Asset, Snap may ask you whether the Creative Tool is personal or for a business. Click “business” (a) if you’re submitting the Asset on behalf of a business; (b) if the Asset includes any branding, logos, or business marks or names; or (c) if the Asset promotes a business or brand. We refer to Creative Tools that include these types of Assets as “Business Custom Creative Tools.” We refer to other Creative Tools as “Personal Custom Creative Tools.” You agree that you will not use any branding, logos, or business marks or names, or promote a business or brand, in any Personal Custom Creative Tool. When submitting an Asset for a Business Custom Creative Tool, you agree to include the accurate business name.

We may in our sole discretion apply a label or disclosure to notify Snapchat users that the Creative Tool is a purchased product. For example, the word “sponsored” or a similar word or phrase may appear on the Creative Tool when users first see it. That’s one reason it’s very important that you click “business” if the Creative Tool in fact promotes a business or brand. We may in our sole discretion include in that label or disclosure the name you provided in the purchase tool. You, not we, are responsible for including any legally required advertising disclosure in the Creative Tool.

Snap, Snap Inc., or their affiliates may, without compensation to you or others, serve or otherwise place ads near the Creative Tools. For example, Snapchat users swiping to see Snapchat’s creative tool offerings may see a branded or sponsored Creative Tool before or after the Creative Tool you’ve submitted, or a Snapchat user may apply the Creative Tool to their content and that content may include or be followed or preceded by an ad or other branded or sponsored content within the Services.

11. Promotions

If you use the Creative Tool or any part of the Services as part of a sweepstakes, contest, offer, or other promotion (each, a “Promotion”), you are solely responsible for complying with all laws wherever your Promotion is offered, as well as with our Promotions Rules. Unless we expressly agree otherwise in writing, Snap will not be a sponsor or an administrator of your Promotion.

12. Your Representations and Warranties

In addition to your representations and warranties under the Snap Group Limited Terms of Service, you represent and warrant that (a) you have all rights and any necessary consents to license the Asset and any Additional Elements incorporated into the Asset, and to grant any waivers in connection with the Asset and any Additional Elements incorporated into the Asset, to Snap, Snap Inc., and their affiliates; (b) the Asset does not violate these Terms or our Community Guidelines, Advertising Policies, or Custom Creative Tools Submission Guidelines; (c) the Asset does not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright, trademark, privacy, or publicity rights, or any other rights of any person or entity; (d) you have not assigned, licensed, or otherwise encumbered the Asset to any other person or entity; (e) the Asset complies with all laws, rules, and regulations and is suitable for audiences ages 13 and up (or the ages you’ve age-targeted via the purchase tool, if applicable); (f) the Asset does not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party; (g) any and all information you have provided to Snap in connection with the Asset and your submission is accurate and correct; and (h) you will not use any payment card or other form of payment to submit an order for Snap to run a Creative Tool unless you have all necessary legal authorization to do so. In the event Snap approves and uses the Asset, such approval and use will not diminish or waive your representations and warranties contained in these Terms.

You further represent and warrant that neither you, nor, if you are a business, any affiliated company, are included on any restricted party list maintained by the United States, United Kingdom, or other relevant government authority -- for example, the U.S. Specially Designated Nationals List, Foreign Sanctions Evaders List, Denied Parties List, Unverified List, and Entity List, and the UK and EU consolidated lists of persons and entities subject to financial sanctions targets; that if you are a business, you are not owned or controlled by such a restricted party; and that you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by the sanctions described above.

If you are using the Services on behalf of a business, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Terms and agree on behalf of the business to be bound by these Terms.

13. Your Indemnification to Us

In addition to your indemnification obligations under the Snap Group Limited Terms of Service, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, Snap Inc., and their affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) Snap’s use and any third party’s use of the Asset, including the Additional Elements, if any, in connection with the Services; (b) your use of the Services and your activities in connection with the Services; (c) your violation or alleged violation of any laws, rules, and regulations in connection with your use of the Services or your activities in connection with the Services; (d) any claim that the Asset infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) your use of products or services provided by a third party in connection with the Services, even if recommended or approved by Snap; (f) any fraud or misrepresentation by you; or (g) any violation or alleged violation of these Terms by you, including any actual or alleged breach of your representations, warranties, and obligations.

14. No Agency Relationship

Nothing in these Terms will be construed to imply a joint venture, principal-agent, or employment relationship between you and us or our affiliates.

Please also check Section 19 of these Terms for information about dispute resolution specific to where you are located when submitting your order or, if you are using the Services on behalf of a business, the country in which the business's principal place of business is located.

16. Changes to These Terms

From time to time, we may revise these Terms. You can determine when these Terms were last revised by referring to the “Effective” date at the top. Any changes to these Terms will become effective when we post the updated Terms on our website, and will apply to any order after that time. By submitting an order for Snap to run a Creative Tool or by renewing an order for Snap to run a Creative Tool after these Terms have been updated, you will be deemed to have agreed to the updated Terms. If at any time you don’t agree to any portion of these Terms, don’t submit an order for Snap to run a Creative Tool.

17. Final Terms

These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). As used in these Terms, “including” means “including without limitation.” Snap may assign its rights and obligations under these Terms, and under any additional terms that may apply to an automatically renewing Creative Tool, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of Snap. These Terms were written in English and to the extent the translated version of these Terms conflicts with the English version, the English version will control.

18. Contact Us

Snap welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://support.snapchat.com/en-US/ca/create. The company responsible for the Services outside the United States is called Snap Group Limited, a company registered in England and located at 7-11 Lexington Street, London W1F 9AF, United Kingdom with company number 09763672. Authorised Representative: David Lewis, Director. VAT ID: GB 237218316.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

19. Country-Specific Terms

If you are located in any of the countries listed below when you submit an order for Snap to run a Creative Tool, or are using the Services on behalf of a business with its principal place of business located in any of the countries listed below, the additional terms listed for that country apply to you. If you are located in the European Union when you submit an order for Snap to run a Creative Tool, or are using the Services on behalf of a business with its principal place of business located within the European Union, the European Union terms apply to you in addition to any terms specific to your country.

If you are using the Services on behalf of a business located in the European Union other than in the United Kingdom, you agree to provide us the full legal name of your business, your business address, and your valid VAT ID number at the time you submit your order for Snap to run a Creative Tool. You are responsible for self-assessment and should account for VAT via the reverse charge (as applicable).

In relation to Section 8 of these Terms, in addition to the contractual right to cancel under that Section, if you are a consumer located in the European Union when submitting an order for Snap to run a Creative Tool and you have submitted a Personal Custom Creative Tool, you have a statutory right to change your mind within 14 days from the date of your purchase or the date of renewal of an automatically renewing Creative Tool, as applicable (the “cancellation period”). However, as explained below, you will no longer have the statutory right to change your mind once the Creative Tool has started to run on the Services following purchase or renewal. By instructing Snap to start running the Creative Tool prior to the expiry of the cancellation period, and provided you have not cancelled the Creative Tool prior to the Creative Tool running on the Services, you expressly consent to Snap making the Creative Tool available on the Services within the cancellation period and acknowledge that once the Creative Tool starts running, you will lose your statutory right to cancel. To cancel the Creative Tool before Snap makes it available on the Services, you just need to let Snap know that you have decided to cancel in the manner explained in Section 8(b) of these Terms or by completing and sending us the cancellation form below. Once we receive your cancellation, we’ll send you an email confirmation. If you cancel the Creative Tool in accordance with these Terms, you’ll receive a full refund of payments you already made for that Creative Tool.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

Australia:

In relation to Section 2 of these Terms, as to moral rights, you consent to Snap doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in the Asset throughout the world.

Australia and New Zealand:

Non-Excludable Guarantees: Nothing in these Terms (including Section 8(c)) limits, excludes, or modifies any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void.

Brazil:

In relation to Section 6 of these Terms, for Personal Custom Creative Tools and Business Custom Creative Tools, the total purchase price shown in the purchase tool is net of any withholding income tax, ISS, or any other tax that you may be required to collect, remit, or withhold. Please consult your tax adviser to determine whether you are required to collect, remit, or withhold any withholding income tax, ISS, or any other tax with respect to the Personal Custom Creative Tool or Business Custom Creative Tool. You agree to collect, remit, or withhold any such taxes as required by law.

Canada:

For Quebec residents: Section 15 of these Terms is inapplicable to Quebec resident consumers.

You agree that these Terms and any documents and correspondence in connection therewith will be drawn up in English only. Vous convenez que ces conditions et tous les documents et de la correspondance s’y rattachant seront rédigés en anglais seulement.

France (in addition to the European Union terms above):

Nothing in these Terms will affect your legal rights and remedies provided to you under French consumer law.

Under French law, we must remind you of articles L215-1 to L215-3 and L241-3 of the French consumer code:

For services agreements entered into for a limited duration with an automatic renewal clause, the professional service provider shall inform the consumer in writing, by a letter or an email, three months at the earliest, and one month at the latest, before expiry of the period during which renewal can be declined, of the option to refrain from renewing a contract with an automatic renewal clause that he has entered into. Such information, conveyed in a clear and intelligible manner, mentions the deadline for non-renewal in a visible frame.

When such information has not been sent to him pursuant to the provisions of the first paragraph, the consumer can to terminate the contract for free, at any time on or after the renewal date.

Any advances made after the last renewal date or, in the case of unlimited duration contracts, after the date on which the initial limited duration contract was converted, shall be reimbursed within thirty days of the cancellation date, after deduction of the sums corresponding to performance of the contract up to that date.

The provisions of this article apply without prejudice to other specific provisions applicable to some types of contracts in terms of consumer information.

The provisions of this chapter do not apply to drinking water and sanitation operators.

The provisions of this chapter also apply to contracts between professionals and non-professionals.

Failing reimbursement as stipulated under article 2015-1 above by the professional, the sums due shall bear interest at the legal rate.

Sweden (in addition to the European Union terms above):

Nothing in these Terms will affect your legal rights and remedies provided to you under Swedish consumer law including the Consumer Contract Terms Act (1994:1512), the Distance and Off-premises Contract Act (2005:59), the Consumer Sales Act (1990:932).

United Kingdom (in addition to the European Union terms above):

Nothing in these Terms will affect your legal rights and remedies provided to you under U.K. consumer law including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.